Right to Complete Transmission Owner Interconnection Facilities. In the event that, at any time prior to successful Stage Two energization of the Transmission Owner Interconnection Facilities pursuant to Section 3.9 of Appendix 2, the Interconnection Customer terminates its obligations under this Appendix 2 pursuant to Section 14.1.2 below due to a Default by the Interconnected Transmission Owner, the Interconnection Customer may elect to complete the design, procurement, construction and installation of the Transmission Owner Interconnection Facilities. The Interconnection Customer shall notify the Interconnected Transmission Owner and Transmission Provider in writing of its election to complete the Transmission Owner Interconnection Facilities within 10 days after the date of Interconnection Customer’s notice of termination pursuant to Section 14.1.2 of this Appendix 2. In the event that the Interconnection Customer elects to complete the Transmission Owner Interconnection Facilities, it shall do so in accordance with the terms and conditions of the Option to Build under Section 3.2.3 of this Appendix 2 and shall be responsible for paying all costs of completing the Transmission Owner Interconnection Facilities incurred after the date of its notice of election to complete the facilities. Interconnection Customer may take possession of, and may use in completing the Transmission Owner Interconnection Facilities, any materials and supplies and equipment (other than equipment and facilities that already have been installed or constructed) acquired by the Interconnected Transmission Owner for construction, and included in the Costs, of the Transmission Owner Interconnection Facilities, provided that Interconnection Customer shall pay Transmission Provider, for the benefit of the Interconnected Transmission Owner and upon presentation by Interconnected Transmission Owner of reasonable and appropriate documentation thereof, any amounts expended by the Interconnected Transmission Owner for such materials, supplies and equipment that Interconnection Customer has not already paid. Title to all Transmission Owner Interconnection Facilities constructed by Interconnection Customer under this Section 3.5 shall be transferred to the Interconnected Transmission Owner in accordance with Section 5.5 of this Appendix 2.
